Delisted Michael Close (2012-2017)

[Full Wingspan]

This claim has merit and Close is within every right to bring an action. I am wondering what arguments are being made against the club itself and whether it has to do with rehabilitation or their involvement with deeming the playing surface as 'safe' (or both). It is clear to understand the liability of AFL and Etihad Stadium (they approve and prepare the field) and how a cause of action may arise against them.

 

[iBeng]

He may be suing us for not actually pursuing the original complaint we made of the surface causing the issue?

Otherwise it will be for us failing to correctly rehabilitate him or something...

Will his Lawyer be after the 400k he was expected to earn in 2017 if he played every game, plus that same sum for the assumed 10 years playtime he had left? 23 years to 33 years old? Thats 4 Million, solid effort if so.

 

[Full Wingspan]

The likely outcome will probably involve Close settling with all parties for an amount below what he is seeking (although not substantially), and the AFL (and the stadiums) will employ processes and standards to minimise this risk of this occurring again. In the scheme of things, the cost of Close's injury to the league would be minute compared to any expenses associated with a dramatic overhaul. It is believed he is only suing for an amount in the range of $400,000.00 which isn't enough huge given the infrequency of incidents like this.

 

[Full Wingspan]

After reading some articles, it appears he is claiming his earning capacity was $400k per season, which may increase the damages he is actually seeking.

According to this article, the writ stated "following Michael Close’s injury, the AFL caused the artificial and irregular surface to be removed from Etihad Stadium". This demonstrates the AFL already engaged in a risk-management response and were likely to be aware of the likelihood a claim would be brought (although it does not necessarily signal an admission of liability for an isolated incident.).

I'd imagine the calculation would involve lost wages for the 2015 and 2016 seasons, with further costs associated with the loss of future income for succeeding seasons. It would be an incredibly tedious task to put a figure on an unliquidated damages amount, and if it were to go to trial, it would be for the court to decide. Arguments involving average salary, form prior to the injury, Close's individual importance to the team and his continued likelihood for ongoing selection etc. will all be put forward to reach an amount.

 

[charles202]

I really think that Close will get up here likely as a a settlement with the AFL in its capacity as owners of the venue. I think the lions area only part of the suit as part of the process.

I still remember the footage years down the track I highly doubt an independent review will find that area was safe.

This is getting to be an issue worldwide I know that in America a baseball player then with the tankless is suing a stadium about an unpasded box he busted his knee on debut.

 

[Football Pope]

Here's an old article from 14th June 2016..(Dan Menzel did his ankle around the same time.) Close was chasing compensation....The AFL purchased Ethiad in October 2016......Wonder if his boots are sponsorship or Club issued?

https://www.theage.com.au/sport/afl...nsation-over-knee-injury-20160613-gpi50f.html

 

[Back2Back2Back]

http://www.afl.com.au/news/2018-06-21/exlion-suffers-significant-brain-bleed-in-vfl

NORTH Melbourne's VFL co-captain Michael Close has not given up on reigniting his AFL dream despite a serious concussion ending his season prematurely.

The ex-Brisbane forward, who played 27 games for the Lions, suffered "a significant bleed" on his brain after suffering a heavy hit against Geelong in the VFL two Saturdays ago.

The Kangaroos' medical team cleared Close to go home that afternoon, but he spent that night and the next morning vomiting before contacting the club doctor, who ordered him an ambulance.

Not good to hear

 

[Dylan12]

Former Brisbane Lion settles legal claim over knee injury (Peter Ryan)

Former Brisbane Lion Michael Close has reached settlement with the AFL, his former club and Melbourne Stadiums for an undisclosed amount after launching legal action to recover potential earnings lost due to a knee injury he suffered when he slipped on the astro turf at Marvel Stadium in 2015.

Close, who is now 24, was playing just his 15th AFL game when he landed after marking and his foot slid from the grass on to the astro turf surrounding the boundary at the stadium that was, at the time, called Etihad Stadium and owned by Melbourne Stadiums. Close played just 12 more senior games after the injury to his ACL which required a knee reconstruction and he was eventually delisted at the end of 2017.


In documents lodged with the Supreme Court early last year, Close, who was contracted until 2017, estimated that he could have earned $392,000 over the period he was at the club if the injury had not occurred. A significant proportion of those projected earnings required Close to play in a certain amount of games per season and finish in the top eight of the best and fairest.

With all parties to the settlement subject to confidentiality agreements the exact figure Close received remains unknown, although a notice of discontinuance was filed in December last year. His lawyer refused to comment.

The astro turf was removed from its position so close to the boundary line not long after the incident as a precautionary measure. The AFL now owns Marvel Stadium, after buying it in 2016.

Close joined North Melbourne's VFL team in 2018 but had to retire when he suffered bleeding on the brain after being concussed in a game played at Geelong's GMHBA Stadium. Players suing the competition for on-field injuries is relatively rare although former Adelaide player Sam Shaw lodged a claim recently in relation to concussion while Crows' premiership ruckman Shaun Rehn sued the AFL after suffering a knee injury when he landed on a rubber pad that sat in the middle of AFL grounds to assist umpires with centre bounces.

Couple of things...Close only did his ACL when he dropped the simplest of marks and it was the action of trying to mark his fumbled marking attempt that led to him planting his foot on the astro-turf resulting in his ACL.

I would've thought the settlement was a lot less than the quantum sought given (a) Close struggled getting games so it is unlikely he would've triggered the games required unless that number was below 10 per season; and (b) it is even more unlikely that Close would've got anywhere near the top 8 in the B&F.